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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4782
Experience:  Experienced in both state and federal court.
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I switched my kids from my health insurance to my ex-husbands

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I switched my kids from my health insurance to my ex-husbands as of 9/1/2013. My ex-husband won't get back to me about any insurance info so I know nothing about whether they're even enrolled or if they are what the insurance contact info is and their ID#.
I tried to call HR where my ex works, but was told that they can't give me any info, because he requested them not speak to me and that they would violate HIIPPA if they tell me anything. What do I do???

Marie Eriksson

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Does your custody order address communication between you and your ex?

Customer:

Yes. We are to respond back to email or phone messages within 24 hrs

TexLawyer :

OK. So, he's not responding to you, or he's just responding and saying that he won't tell you the insurance info?

Customer:

I emailed him at the end of last wk and he has not emailed me back, I also verbally asked him to provide this info to med about a wk ago

TexLawyer :

If he's not responding to you in accordance with the custody order, your main recourse is to file a motion for contempt or a "show cause" motion (a "show cause" hearing is where the judge brings him in to "show cause" why he is violating the custody order) with the judge that put the custody order in place originally. Essentailly, the judge put the order in place, and if he refuses to abide by it, the judge will have to enforce it.

Customer:

That takes time. My kids need health insurance. Can the hospital where he works legally refuse to give me this info when he won't???

TexLawyer :

Yes, they can refuse to release any information about the insured, including who he covers under his plan. HIPAA laws are very restrictive regarding what information can be released. The employer is under no legal obligation to release that information to anyone other than your husband. I don't mean to be dissapointing, but I have to be honest about the law and your situation.

TexLawyer :

A contempt hearing can take place in just a few days. Also, if he's given notice of contempt, he's likely to just comply. That's much easier than dragging himself into court to deal with the judge.

Customer:

OK. Thanks.

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